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AMIRI RAMADHANI V. THE UNITED REPUBLIC OF TANZANIA
CASE SUMMARY
APPLICATION 010/2015
SUMMARY OF THE FACTS
1. The Application was received at the Courts Registry on 11 May
2015.
2. The Applicant is a Tanzanian national.
3. The Applicant has sued the United Republic of Tanzania.
4. The Applicant was charged with and convicted of the offence
of armed robbery,
attempted suicide and causing grievous harm, by the District
Court of Arusha in
1998.
5. The Applicant was sentenced to 30 years with respect to the
offence of armed
robbery, 7 years with respect to the offence of attempted
suicide and 2 years with
respect to the offence of causing grievous harm. His sentences
are running
concurrently.
6. The Applicant avers that he appealed to the High Court of
Tanzania in Criminal
Appeal No. 45 of 2003 and the appeal was dismissed on 22
November 2005.
7. That subsequently, the Applicant appealed to the Court of
Appeal of Tanzania in
Criminal Appeal No. 228 of 2005 and the same was dismissed on 27
October 2007.
8. The Applicant has filed in the Court the judgment and
proceedings of his appeal in
the Court of Appeal of Tanzania in Criminal Appeal No. 228 of
2005. In its decision,
the Court of Appeal dismissed the appeal against the conviction
for armed robbery
and causing grievous harm. However, it quashed the conviction on
the charge of
attempted suicide and set the two year sentence aside.
9. The Applicant claims to have exhausted all local
remedies.
COMPLAINTS
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10. The Applicant avers that the trial magistrate and appellate
judges grossly erred in
law and fact by taking into account his caution statement which
was obtained
contrary to Sections 50 and 51 of the Criminal Procedure
Act.
11. The Applicant also avers that the trial magistrate and
appellate judges misdirected
themselves by upholding and considering the confession statement
tendered by
Prosecution Witness 1 without assessing its legality as it was
obtained
unprocedurally.
12. The Applicant further avers that the trial court imposed an
excessive sentence of
30 years for the offence of armed robbery while the sentence was
not in effect at
the time the alleged robbery took place. He further argues that
it escaped the
attention of the appellate court to consider the sentence as
excessive.
13. The Applicant alleges that the Respondent State violated his
rights when it failed
to grant him legal representation at the trial stage.
14. The Applicant alleges violations of Articles 1, 2, 3, 4, 5,
6, 7(1) (c) and 7(2) of the
African Charter on Human and Peoples Rights.
THE APPLICANTS PRAYERS
15. The Applicant states that he is an indigent and incarcerated
person and requests
free legal representation or legal assistance.
16. A declaration that the Respondent State violated his rights
guaranteed under
Articles 1, 2, 3, 4, 5, 6, and 7(1) (c) and 7(2) of the African
Charter on Human and
Peoples Rights.
17. An order compelling the Respondent State to release the
Applicant from detention.
18. An order for reparations should the Court find this in his
favor.
19. An order for the Court to supervise the implementation of
the Courts order and
such other decisions as it may take.
